Ontario Driver Convicted of Distracted Driving for Using Smartwatch Ontario Driver Convicted of Distracted Driving for Using Smartwatch

Information Technology
August 8, 2018August 8, 20182018-08-08
On May 16, 2018, the Ontario Court of Justice (the Court) issued its decision in R v Ambrose, 2018 ONCJ 345, finding the defendant guilty of distracted driving contrary to section 78.1(1) of the Highway Traffic Act (HTA) for using a smartwatch while operating a motor vehicle.
Deeth Williams Wall https://www.dww.com/articles/ontario-driver-convicted-of-distracted-driving-for-using-smartwatch

Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles

Privacy
August 8, 2018August 8, 20182018-08-08
On July 18, 2018, the Privacy Commissioner of Canada (Commissioner) published its findings for its investigation into Profile Technology, a company based in New Zealand which operates “Profile Engine”.  Profile Engine is a website that collected and indexed publicly accessible Facebook profile information which it later used to start its own social networking website.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-investigates-foreign-company%E2%80%99s-use-of-canadian-facebook

Google Once Again Held Accountable for Defamation from Search Engine Results Google Once Again Held Accountable for Defamation from Search Engine Results

Privacy
August 8, 2018August 8, 20182018-08-08
Google has once again fallen victim to a defamation proceeding in Australia as a result of its search engine.
Deeth Williams Wall https://www.dww.com/articles/google-once-again-held-accountable-for-defamation-from-search-engine-results

Collective Rights Societies SOCAN and SODRAC Merge Collective Rights Societies SOCAN and SODRAC Merge

Copyright
August 8, 2018August 8, 20182018-08-08
On July 31, 2018, the Society of Composers, Authors & Music Publishers of Canada (SOCAN) announced that it has merged operations with the Society for Reproduction Rights of Authors, Composers & Publishers in Canada (SODRAC).  This acquisition enables SOCAN to license, track and distribute all royalties for both music performing rights and mechanical rights in Canada.
Deeth Williams Wall https://www.dww.com/articles/collective-rights-societies-socan-and-sodrac-merge

Cannabis and Natural Health Products Cannabis and Natural Health Products

Regulatory Law
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Cannabis Regulations were published in the Canada Gazette Part II (Vol. 152, No. 14, http://www.gazette.gc.ca/rp-pr/p2/2018/2018-07-11/pdf/g2-15214.pdf). The Cannabis Regulations are to come into force on October 17, 2018, the same day as the Cannabis Act (64-65-66-67 Eliz. II, c. 16.), the act under which they are made. The Cannabis Regulations are, as expected, voluminous and Byzantine.  They run to nearly 400 pages in bilingual side-by-side format.
Deeth Williams Wall https://www.dww.com/articles/cannabis-and-natural-health-products

Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP Rights Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP ...

Intellectual Property
July 25, 2018July 25, 20182018-07-25
In Geophysical Service Inc. v Canada, 2018 FC 670, Geophysical Service Inc. (“GSI”) sought indemnification by way of damages from the Canadian federal and several provincial governments (the “Government”) alleging de facto expropriations of its intellectual property rights over seismic data it had either acquired from its predecessor or collected.  The defendants brought a motion to strike the claim as disclosing no reasonable cause of action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-strikes-claim-for-damages-alleging-de-facto-expropriation-of-geophysical

Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders

Privacy
July 25, 2018July 25, 20182018-07-25
On July 9, 2018, the Canadian Office of the Privacy Commissioner (OPC) updated their information and advice for Canadians on privacy at airports and borders. Your Privacy at Airports and Borders outlines what travelers can expect from customs officers in Canada and the US with respect to searches of personal devices. Canadian Customs Searches
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-revises-privacy-guidelines-for-airports-and-borders

CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions

Telecommunications
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Notices of Violation under Canada’s anti-spam law (the Act or CASL), including administrative monetary penalties of $100,000 to Datablocks Inc (Datablocks) and $150,000 to Sunlight Media Network Inc (Sunlight Media).
Deeth Williams Wall https://www.dww.com/articles/crtc-issues-250000-penalties-under-casl%E2%80%99s-antimalware-provisions

Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rules Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rule...

Privacy
July 25, 2018July 25, 20182018-07-25
On July 18, 2018, the European Commission fined Google €4.34 billion for breaching EU antitrust rules. According to the Commission, Google engaged in three separate practices aiming to cement its dominant position in general internet search services:
Deeth Williams Wall https://www.dww.com/articles/google-faces-largest-ever-fine-imposed-by-european-commission-for-breaching-european-union

The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to Access News The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to A...

Privacy
July 11, 2018July 11, 20182018-07-11
On June 28, 2018, the European Court of Human Rights (ECHR) held in the matter of ML and WW v Germany (No 60798/10 65599/10) that the right to be forgotten cannot trump the public’s right to access archived news. The matter was brought by two brothers who petitioned the Court in an attempt to anonymize archived media reports relating to their conviction in a high-profile murder in 1993.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-human-rights-has-held-righttobeforgotten-cannot-trump-public%E2%80%99s-right-to-access

Apple and Samsung Settle Patent Dispute Apple and Samsung Settle Patent Dispute

Patent Litigation
July 11, 2018July 11, 20182018-07-11
On June 27, 2018, Apple Inc and Samsung Electronics Co filed a joint notice of settlement with the United States District Court Northern District of California, ending a seven-year legal battle relating to design and utility patents covering aspects of Apple iPhone’s screen shape and icon layout.
Deeth Williams Wall https://www.dww.com/articles/apple-and-samsung-settle-patent-dispute

USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp

Copyright
July 11, 2018July 11, 20182018-07-11
On June 29, 2018 the US Federal Court found that the US Postal Service (USPS) infringed copyright by mistakenly putting a photo of a replica of the Statue of Liberty found on the Las Vegas Strip on roughly 3.5 billion stamps.  The sculptor of the Las Vegas replica, Robert S.
Deeth Williams Wall https://www.dww.com/articles/usps-to-pay-35m-after-misidentifying-statue-of-liberty-on-stamp

Computer Search Found to Violate Section 8 Charter Rights Computer Search Found to Violate Section 8 Charter Rights

Privacy
July 11, 2018July 11, 20182018-07-11
On June 21, 2018, the Alberta Court of Appeal issued its decision in R v Villaroman (2018 ABCA 220), finding that Mr Villaroman’s section 8 Charter right to be secure against unreasonable search or seizure were violated by a computer search authorized under the general warrant provisions of the Criminal Code (Code). 
Deeth Williams Wall https://www.dww.com/articles/computer-search-found-to-violate-section-8-charter-rights

The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews

Information Technology
July 11, 2018July 11, 20182018-07-11
In a recent 4-3 decision, in Hassell v Bird, California’s Supreme Court has reversed a lower court’s decision and held that businesses cannot force Yelp Inc, an online platform that publishes third-party reviews of local businesses, to remove reviews found by the lower court to be defamatory from its platform.
Deeth Williams Wall https://www.dww.com/articles/california-supreme-court-rules-yelp-can%E2%80%99t-be-ordered-to-remove-negative-user-reviews

Senate Passes Marijuana Legislation Senate Passes Marijuana Legislation

Regulatory Law
June 27, 2018June 27, 20182018-06-27
On June 18, 2018, the Canadian Senate voted to pass the Cannabis Act, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, by a vote of 52-29. The Senate had proposed 46 amendments to the Cannabis Act. The ruling Liberal government rejected 13 of those proposed changes last week — including one provision that would have affirmed the provinces' right to ban home cultivation of marijuana. The provinces of Quebec and Manitoba have indicated that they will ban home grows before the Act comes into effect.
Deeth Williams Wall https://www.dww.com/articles/senate-passes-marijuana-legislation

Canadian Music Industry Lobbies Government for New Smartphone Tariff Canadian Music Industry Lobbies Government for New Smartphone Tariff

Copyright
June 27, 2018June 27, 20182018-06-27
On December 13, 2017, the Canadian government kicked off its review of the Copyright Act by asking the Standing Committee on Industry, Science and Technology (“Standing Committee”) to review the statute.  Since beginning its statutory review, the Standing Committee has met with over 100 stakeholders.
Deeth Williams Wall https://www.dww.com/articles/canadian-music-industry-lobbies-government-for-new-smartphone-tariff

U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers

Information Technology
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, in South Dakota v. Wayfair, Inc., et al., the U.S. Supreme Court ruled that states may collect sales tax from internet retailers. 
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rules-states-may-collect-sales-tax-from-internet-retailers

Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc

Copyright
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, The Supreme Court of Canada granted Keatley Surveying Ltd’s (Keatley) application to appeal and Teranet Inc’s (Teranet) application to cross-appeal from the judgement of the Court of Appeal for Ontario. This decision was previously reported in the E-TIPS® newsletter. E-TIPS® newsletter will continue to follow this appeal and update readers with any developments. Background
Deeth Williams Wall https://www.dww.com/articles/update-leave-to-appeal-to-supreme-court-of-canada-granted-keatley-surveying-ltd-v-teranet

USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims

Patent
June 27, 2018June 27, 20182018-06-27
On June 7, 2018, the USPTO issued new guidance in the form of a memo to its examining corps discussing the US Court of Appeals for the Federal Circuit’s (Federal Circuit) decision in Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F 3d 1117 (Fed Circ 2018) (Vanda).
Deeth Williams Wall https://www.dww.com/articles/uspto-issues-guidance-on-patent-eligibility-of-method-of-treatment-claims

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.